RESPONSE TO COMMENTS
FY 2025-2026 NATIONAL PROGRAM GUIDANCE
OFFICE OF CHEMICAL SAFETY AND POLLUTION PREVENTION
EPA Publication Number - 730S24001
Comment
Location in
Draft
Guidance
Commenter(s)
National Program Offices Response
Action Taken
in Final
Guidance
The Office of Chemical Security and Pollution
Prevention FY 2025-2026 National Program Guidance
fails to meet goals set out in EPA FY 2022-2026
Strategic Plan. OCSPP's NPG does not provide a
comprehensive overview of how all offices and teams
within OCSPP is addressing incorporating goals set
out in EPA Strategic Plan. Entire offices and teams
within OCSPP are not mentioned within the NPG,
including OPPT and the International Team. This is of
crucial importance as currently OCSPP's International
Team is advocating in international negotiations for
positions that are detrimental to vulnerable
communities, increase exposure to toxic chemical
pollution that do not comport with environmental
justice principles.
OCSPP's International Team is currently engaged in
the United Nations Environmental Programme
Intergovernmental Negotiating Committee to
develop an international legally binding instrument
on plastic pollution, including in the marine
environment. The current position held by OCSPP
does not address the toxic harms faced by vulnerable
environmental justice communities at the fenceline
of petrochemical production.
Section 1.
Introduction
Pg- 3
Fenceline Watch
(Community
Based EJ
Organization)
OCSPP is continually seeking ways to
expand its outreach to interested
partners and stakeholders. The
National Program Guidances (NPGs)
set forth the strategies and actions
the EPA and its state and Tribal
partners will undertake to protect
human health and the environment.
This NPG for FY 2025-2026 supports
the Administration's priorities and
provides the roadmap for achieving
its mission, which are reflected in
EPA's FY 2022-2026 Strategic Plan
and the Agency's FY 2025
Congressional Justification.
With respect to the ongoing
negotiations to develop an
international legally binding
instrument on plastic pollution, as
noted above, EPA, including OCSPP,
acts in support of the
Administration's priorities. In
addition, OCSPP does not take any
negotiating positions independent of
No changes
were made
to NPG.
1
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Comment
Location in
Draft
Guidance
Commenter(s)
National Program Offices Response
Action Taken
in Final
Guidance
OCSPP has adopted positions that are directly
opposed to goal 2 found in EPA FY 2022-2026
Strategic Plan to take decisive action to advance
environmental justice and civil rights.
the federal interagency process led
by the U.S. Department of State,
which has the participation of all
relevant federal agencies and
departments.
The National Program Guidance is intended to be a
cross-cutting whole of office document detailing how
EJ principles will be embedded into all sectors of
OCSPP. The NPG should be amended to provide
strategies and activities for all organizations housed
within the Office of Chemical Security and Pollution
Prevention.
Section 1.
Introduction
Pg- 3
Fenceline Watch
(Community
Based EJ
Organization)
OCSPP's NPG has a regional focus and
as such has concentrated on the
work regional offices could further
with the grants they support.
No changes
were made
to NPG.
OCSPP NPG fails to advance or take decisive action
for Environmental Justice or Civil Rights. From the
outset, in the introduction, OCSPP's NPG outlines
outreach efforts during the development of the
guidance. It states:
"OCSPP engaged in early outreach with states and
federally recognized Indian Tribes (Tribes) and
worked in collaboration and coordination with other
National Program Managers (e.g., Office of
Enforcement and Compliance Assurance (OECA), the
Office of Water (OW)) and the regional offices to help
identify the most important environmental and
human health protection areas of work to be
conducted by the regional offices in FY 2025-2026."
Critically missing from the outreach conducted by
OCSPP regarding this guidance is any stakeholder
engagement from fenceline and frontline
Section 1.
Introduction
Pg- 3
Fenceline Watch
(Community
Based EJ
Organization)
OCSPP's NPG sets forth the strategies
and actions the EPA and its state and
Tribal partners will undertake to
protect human health and the
environment, specifically the work
conducted by the regional offices
with allocated funding and the grants
they support, which are limited by
the programs' statutory authority
However, OPPT's core TSCA
regulatory work, not described in
NPG, does consider fenceline impacts
and engages with stakeholders.
No changes
were made
to NPG.
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Comment
Location in
Draft
Guidance
Commenter(s)
National Program Offices Response
Action Taken
in Final
Guidance
communities. In fact, the term "fenceline",
"frontline", "disadvantaged community" or
"environmental justice community" do not appear in
any section of OCSPP's National Program Guidance.
The NPG mentions federally recognized Tribes and
impacted workers however it is well established that
the needs, concerns and safeguards of fenceline and
frontline communities are distinct from other
impacted subpopulations and Vis versa. Other offices
within EPA make clear distinctions between the
needs of tribal and fenceline and frontline
communities as evidence by outreach efforts by the
Office of Environmental Justice and External Civil
Rights Compliance (OEJCRC) who conduct specific,
unique engagement with each community.
OCSPP makes mention of Cross-Agency Strategy 2
in only one section of the NPG, G. Program
Priority: Lead Risk Reduction. OCSPP does not
provide any guidance on the impacts of chemicals
on the health of children and other vulnerable
populations. The detrimental impacts of chemical
production on children, women, and other
vulnerable populations is well studied and data on
its impacts readily available, respiratory,
reproductive, and genetic harms are a few of the
known health effects of chemical manufacture yet
OCSPP has not presented any strategy or office
activity in FY 2025-2026 guidance that would
address these impacts. Without establishing
protective standards that ensure the health and
Section 1.
Introduction
Pg- 3
Fenceline Watch
(Community
Based EJ
Organization)
OCSPP's NPG focus is to identify the
most important environmental and
human health protection areas of
work to be conducted by the regional
offices with allocated funding and the
grants they support, which are
limited by the program's statutory
authority. The Lead Risk Reduction
Program worked cooperatively with
other federal agencies to develop the
Federal Lead Action Plan to Reduce
Childhood Lead Exposure to help EPA
and other federal agencies work
strategically and collaboratively to
reduce exposure to lead with the aim
of ultimately improving children's
No changes
were made
to NPG.
3
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Comment
Location in
Draft
Guidance
Commenter(s)
National Program Offices Response
Action Taken
in Final
Guidance
safety of children and other vulnerable
populations in this area the NPG is not addressing
Cross-Agency Strategy 2.
health.
https://www.epa.gov/lead/federal-
action-plan-reduce-childhood-lead-
exposure
OCSPP National Program Guidance does not
address Objective 7.2: Promote Pollution
Prevention of Chemicals. This is especially
concerning because the work of the Office of
Chemical Security and Pollution Prevention
(OCSPP) directly impacts the health and safety of
environmental justice communities along the
Houston Ship Channel and the Greater Houston
area. OCSPP houses the Office of Pollution
Prevention and Toxics (OPPT), responsible for
managing the Toxic Substances Control Act,
Pollution Prevention Act, and community-right-
to-know tools such as the Toxic Release Inventory.
The relevance of work that the Office of Chemical
Security and Pollution Prevention has upon
fenceline communities along the Houston Ship
Channel cannot be overstated. In Harris County
alone there are 343 facilities that are regulated by
the Toxic Substances Control Act (TSCA) and 378
facilities that report to the Toxic Release Inventory
(TRI).
Section 1.
Introduction
Pg- 3
Fenceline Watch
(Community
Based EJ
Organization)
OCSPP's NPG focus is to identify the
most important environmental and
human health protection areas of
work to be conducted by the regional
offices with allocated funding and the
grants they support, which are
limited by the programs' statutory
authority. EPA'sTRI program
continually seeks to expand outreach
to interested parties.
No changes
were made
to NPG.
OCSPP National Program Guidance does not
provide a comprehensive overview of how the
office is embedding EJ in office in accordance with
Executive Order 14096.
Section II.
Program
Priorities,
Strategies,
And Activities
Fenceline Watch
(Community
Based EJ
Organization)
OCSPP is working to issue risk
management rules to address
unreasonable risks to people and the
environment, including fenceline
communities. This work is core to
No changes
were made
to NPG.
4
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Comment
Location in
Draft
Guidance
Commenter(s)
National Program Offices Response
Action Taken
in Final
Guidance
Pg- 4
OCSPP but is not emphasized as part
of the NPG because the NPG's
purpose is to give guidance to
states/regions on our grant funds.
We say at the start of the document:
Work in this NPG directly supports
Goal 7, Ensure Safety of Chemicals
for People and the Environment, in
the FY 2022 - 2026 EPA Strategic
Plan. OCSPP NPG also integrates the
Plan's goal to tackle climate change,
advance environmental justice, and
civil rights, and to consider the health
of children and other vulnerable
populations in implementing our
programs as detailed in the Plan's:
• Goal 1: Tackle the Climate Crisis -
Cut pollution that causes climate
change and increase the adaptive
capacity of Tribes, states, territories,
and communities.
• Goal 2: Take Decisive Action to
Advance Environmental Justice and
Civil Rights - Achieve tangible
progress for historically
overburdened and underserved
communities and ensure the fair
treatment and meaningful
involvement of all people regardless
of race, color, national origin, or
income in developing and
5
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Comment
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Draft
Guidance
Commenter(s)
National Program Offices Response
Action Taken
in Final
Guidance
implementing environmental laws,
regulations, and policies.
• Cross-Agency Strategy 2: Consider
the Health of Children at All Life
Stages and Other Vulnerable
Populations - Focus on protecting and
improving the health of children at all
life stages and other vulnerable
populations in implementing our
programs.
Section F of OCSPP NPG under strategy describes
the TRI National Analysis and ad hoc data quality
lists that identify questionable data reporting for
TRI facilities. These lists are sent to EPA's 10
regional offices. These lists should be made
available publicly on the TRI site, along with
detailed notes on discrepancies as well as updates
on what data was
F. Program
Priority:
Toxics
Release
Inventory:
Strategy (TRI)
pg. 17, 18
Fenceline Watch
(Community
Based EJ
Organization)
EPA's TRI data are reported by
certain industrial and federal
facilities. EPA makes these data
available through multiple online
tools including updates and
corrections. EPA's TRI program
conducts a review of TRI submissions
and EPA may take enforcement
action(s) when required TRI reporting
forms are not filed and/or filed
reporting forms have significant data
quality issues.
https://www. epa.gov/toxics-release-
inventorv-tri-program/tri-data-
aualitv-process
No changes
were made
to NPG.
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Comment
Location in
Draft
Guidance
Commenter(s)
National Program Offices Response
Action Taken
in Final
Guidance
Under regional activities the fourth bullet point
that reads:
"Assist state, Tribal, and local governments with
access to, and understanding of TRI data for
the purposes of being informed of the releases
and other waste management practices of
toxic chemicals in communities under their own
authorities, particularly for community
waste reduction and clean-up actions."
This item should include fenceline, frontline,
environmental justice, or disadvantaged
communities as identified by EPA EJScreen and
CJEST.
F. Program
Priority:
Toxics
Release
Inventory:
Strategy (TRI)
pg. 18
Fenceline Watch
(Community
Based EJ
Organization)
EPA'sTRI program provides
information specifically for
communities and tribes to learn
about toxic chemicals that industrial
facilities are using and releasing into
the environment, and whether those
facilities are doing anything to
prevent pollution. Including provide
assistance to state, tribal, and local
governments and the public with
access to, and understanding TRI
data.
https://www. epa.gov/toxics-release-
inventorv-tri-program/tri-site-map
No changes
were made
to NPG.
Under the Measures section it is stated that all that
is required for a data quality check to be
considered completed is confirmed receipt and
response how a facility will address the check. This
is not sufficient criteria to consider a data quality
check to have been addressed. The current
guidance as written provides no regulatory
measures that assure that faulty data is corrected.
As written a scenario exists in which a facility may
send email confirmation of receipt, ask a question
regarding the query, and as long as that question is
answered OCSPP will consider the data check to
have been complete.
The NPG should include the requirement that a
facility that is contacted must include a detailed
revision or provide an update.
F. Program
Priority:
Toxics
Release
Inventory:
Strategy (TRI)
pg. 19
Fenceline Watch
(Community
Based EJ
Organization)
EPA's TRI program conducts a review
of TRI submissions and the Agency
may take enforcement action(s)
when required TRI reporting forms
are not filed and/or filed reporting
forms have significant data quality
issues.
No changes
were made
to NPG.
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Comment
Location in
Draft
Guidance
Commenter(s)
National Program Offices Response
Action Taken
in Final
Guidance
A seventh NEA should be developed supporting
Pollution Prevention in identified environmental
justice, fenceline and frontline communities.
Additionally, mention of a new P2 Grant Program
being developed to address EJ, climate change,
and reduction of the use of toxic chemicals should
include a stakeholder engagement period, with
public notice and opportunity for public comment.
Additionally, OPTT along with EPA regional offices
should hold formal meetings with impacted EJ
communities to develop prioritization for
programmatic needs and goals of this new grant
program, with a formalized process including
response to comment from OCSPP/OPTT and
regional offices.
F. Program
Priority:
Toxics
Release
Inventory:
Strategy (TRI)
pg. 19
Fenceline Watch
(Community
Based EJ
Organization)
EPA's Pollution Prevention's new
grant program was funded, and
statutory authority provided by
IIJA/BIL to be an expansion of the
existing P2 grant program. The new
P2 grant program is a competitive
grant program. EPA's P2 program
conducted three webinars when the
notice of funding opportunity was
open for competition and is intended
to provide technical assistance to
businesses in environmental justice
communities. The P2 program
intends to begin discussions
regarding the NEAs for the next grant
cycle and will seek input from
regional offices and other
stakeholders.
No changes
were made
to NPG.
In section H. OCSPP details its Pollution Prevention
Act (P2) strategies. Environmental justice is
mentioned only once stating:
"In addition, the P2 Program will support the Biden
Administration priorities related to
environmental justice (EJ) and climate change"
This provides no details on what specific strategies or
actions OCSPP is conducting within in the P2 program
that protects environmental justice communities. The
NPG should explicitly detail how EJ priorities are
related to the six National Emphasis Areas (NEAs).
H. Program
Priority:
Pollution
Prevention
(P2) pg- 28
Fenceline Watch
(Community
Based EJ
Organization)
EPA's P2 grant program will support
EJ and communities as described in
the notice of funding opportunities.
The P2 program expects that by
having grantees focus technical
assistance on the NEAs provides the
opportunity for synergies among P2
grantees, businesses, and other
partners/stakeholders affiliated with
similar sectors or communities. By
encouraging this collaborative
engagement, information, expertise,
lessons learned, training, and tools
No changes
were made
to NPG.
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Comment
Location in
Draft
Guidance
Commenter(s)
National Program Offices Response
Action Taken
in Final
Guidance
Specifically, OCSPP should provide information how
EJ principles are informing OCSPP's work on NEA #2
Chemical Manufacturing, Processing and Formulation
and what activities are being undertaken to through
the P2 program for the development and delivery of
P2 information and tools, technical assistance,
training to environmental justice communities.
can be more easily shared among
grantees working in similar NEAs.
A seventh NEA should be developed supporting
Pollution Prevention in identified environmental
justice, fenceline and frontline communities. This
NEA should be focused on developing, expanding and
strengthening P2 efforts in EJ communities and
establishing strong linkages to other NEA's in order to
create protective, preventative standards.
H. Program
Priority:
Pollution
Prevention
(P2)pg- 28
Fenceline Watch
(Community
Based EJ
Organization)
EPA's P2 program works with the
regional office and other interested
stakeholders to identify future NEAs
that would encourage applicants to
emphasize P2 technical assistance
that can address EJ concerns in
underserved communities and
climate change impacts.
No changes
were made
to NPG.
Section H mentions P2 Grants Funded by the
Infrastructure Investment and Jobs Act detailing
the creation of a new P2 Grant Program being
developed to address EJ, climate change, and
reduction of the use of toxic chemicals should
include a stakeholder engagement period, with
public notice and opportunity for public
comment. Additionally, OPTT along with EPA
regional offices should hold formal meetings with
impacted EJ communities to develop prioritization
for programmatic needs and goals of this new
grant program,
with a formalized process including response to
comment from OCSPP/OPTT and regional offices.
H. Program
Priority:
Pollution
Prevention
(P2) pg- 28
Fenceline Watch
(Community
Based EJ
Organization)
EPA's Pollution Prevention's new
grant program was created by the
statutory authority provided and
funded by IIJA/BIL to be an expansion
of the existing P2 grant program. The
new P2 grant program is a
competitive grant program. EPA's P2
program conducted three webinars
when the notice of funding
opportunity was open for
competition and required applicants
to emphasize P2 technical assistance
to businesses that can address
environmental justice communities.
No changes
were made
to NPG.
In "Activities" under "Nurture External Capacity to
H. Program
Fenceline Watch
EPA regional offices work
No changes
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Comment
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Guidance
Commenter(s)
National Program Offices Response
Action Taken
in Final
Guidance
Achieve Results" in Section H an emphasis is put on
collaboration with regional offices to develop and
provide technical assistance to address EJ concerns
in underserved communities and toxic use
reduction. This capacity building should not be
externalized rather, should be put forth directly by
OCSPP as EPA regional offices have failed to
provide meaningful P2 programing to EJ
communities to this point. Further, specific
timelines, metrics and goals should be provided
within this NPG detailing what technical assistance
looks like for impacted communities.
Priority:
Pollution
Prevention
(P2)pg. 30
(Community
Based EJ
Organization)
cooperatively with OCSPP
headquarters P2 grant program in
providing assistance to grant
applicants to emphasize P2 technical
assistance that can address EJ
concerns in underserved
communities. P2 grant applicants
must describe environmental outputs
(e.g., activities, products) and
outcomes (results achieved from the
outputs, e.g., reduction in pounds of
hazardous material used and of
hazardous substances, pollutants and
contaminants released, reductions in
gallons of water used) expected.
Applicants must also provide an
estimate of expected outputs and
outcomes, as well as a plan for
reporting outputs and outcomes
during the grant period.
were made
to NPG.
There is a lot of discussion of making things easier,
more equitable, etc. as well as capacity building, etc.
for communities. But it is critical to recognize and
then provide for the need for ongoing education,
workshops, training, and evaluation for the
government workers including sensitivity and
communication, recognizing systems of oppression
and working to change them, as well as about how
best to transparently and accountably engage with
communities. It is critical to equip staff with the best
understanding, language, formats, tools, and other
Overview
(and all
offices'
Guidance:
OAR, OW,
OECA, OLEM,
OCPP, OCIR,
OITA, OCFC,
OEJECR)
Global Alliance for
Incinerator
Alternatives
(GAIA)
The EPA has embedded many of the
suggested competencies into the
draft "Achieving Health and
Environmental Protection Through
EPA's Meaningful Involvement
Policy", which guides the EPA staff to
provide meaningful public
involvement in all its programs and
regions. Public comments on the
draft policy closed on January 16,
2024. The EPA is considering the
Made no
changes to
NPG.
10
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Comment
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Draft
Guidance
Commenter(s)
National Program Offices Response
Action Taken
in Final
Guidance
skills to work in an inclusive and equitable way within
a system that is designed in stark juxtaposition to
those values.
comments provided by the public in
developing the final policy. Once the
policy is finalized, there are plans to
develop and provide training to
support policy implementation across
the EPA. The public review draft of
the policy is located on OEJECR's
website:
https://www.epa.gOv/system/files/d
ocuments/2023-12/final_meaningful-
involvement-
policy_eams_ll.7.2023_508.pdf.
Other recommendations within your
comment will be reviewed and
considered across the EPA.
The Tribal Exchange Network Group (TXG)
recommends a 10% increase for all EPA media-
specific grants to Tribes that involve data collection,
analysis, and reporting. This will allow Tribes to
budget for ever-increasing costs related to the
operations and maintenance of their data
management systems and technology solutions
which also help ensure continuity of Tribal data for
local, regional, and national decision-makers.
n/a - general
comment
n/a - general
comment
Tribal Exchange
Network Group
(TXG)
Tribal Exchange
Network Group
(TXG)
NPGs implement funding decisions
discussed in EPA's FY 2025
President's Budget. Program funding
levels are determined through the
budget process and not through the
NPGs.
Made no
changes to
NPG.
The Tribal Exchange Network Group (TXG)
recommends EPA media-program offices support the
development and delivery of data management and
analysis trainings and technical support resources
that are specific to Tribal needs and concerns.
n/a - general
comment
n/a - general
comment
Tribal Exchange
Network Group
(TXG)
Tribal Exchange
Network Group
(TXG)
EPA often funds non-federal
organizations through cooperative
agreements/grants to support the
development and delivery of data
management and analysis training to
Tribes. Some media program and
regional offices also may provide
Made no
changes to
NPG.
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Comment
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Guidance
Commenter(s)
National Program Offices Response
Action Taken
in Final
Guidance
training directly at national or more
local Tribal events. OCSPP looks
forward to continuing to work with
Tribes and our Tribal Partnership
Groups on this important issue. We
also encourage the Tribal Exchange
Network Group to continue working
with EPA (the primary contact is
EPA's Office of Mission Support) and
the Tribal Partnership Groups to
identify and address specific data
management trainings that Tribal
environmental professionals need to
operate their environmental
programs successfully.
With regard to the program priority on pesticide
cooperative agreements with states and tribes, the
TPPC strongly supports EPA prioritizing issuing grant
funds in a timely manner once they become
available. Failure to issue funds promptly (as
sometimes happens) can cause problems, particularly
for small programs that rely heavily on this funding
for their day-to-day activities.
Page 5
Tribal Pesticide
Program Council
(TPPC)
Noted. OCSPP grant funds are
distributed soon after funding
decisions are made. However, we will
work to fund grants as early as
possible.
Made no
changes to
NPG.
For the program priority on revised pesticides worker
protection standard rule, the TPPC would like to see
more frequent training for tribal inspectors on
requirements of the revised WPS rule, especially
including mock inspections where multiple people do
their own inspections and then compare notes
afterward.
Page 9
Tribal Pesticide
Program Council
(TPPC)
Noted. OCSPP staff will suggest this
topic be covered by OECA's Pesticide
Inspector Residential Training (PIRT)
Program.
Made no
changes to
NPG.
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Comment
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Draft
Guidance
Commenter(s)
National Program Offices Response
Action Taken
in Final
Guidance
Regarding Section III. Implementing Tribal Work, the
TPPC notes that while the low-cost training
opportunities described are all good ones, there
really needs to be sufficient and consistent funding
provided for tribal cooperative agreements to
support tribal pesticide programs in their important
work.
Pages 31-32
Tribal Pesticide
Program Council
(TPPC)
NPGs implement funding decisions
discussed in EPA's FY 2025
President's Budget. Program funding
levels are determined through the
budget process and not through the
NPGs.
Made no
changes to
NPG.
Electromagentic Fields (EMFs) are a pollutant EMFs
are dangerous to human health and the environment,
particularly emanating from wireless infrastructure
and devices. EPA is doing nothing to protect either
and must claim jurisdiction over these areas. See
comments to NEJAC on 5-6-24 in Docket ID No. EPA-
HQ-OEJECR-2024-0146 from Wired Broadband, Inc. et
al at https://thenationalcall.org/wp-
content/uploads/2024/05/NEJAC-Letter-of-5-6-24-
with-7-6-22-Submission-Attached.pdf.
Radiation Safety: There is no one regulating safety of
this EMF radiation - not the EPA, FDA, FCC or the CDC
since the mid-1990s. See https://ehtrust.org/5g-and-
cell-tower-radiation-caught-in-a-regulatory-gap/ and
https://ehtrust.org/the-regulation-of-wireless-
radiation-in-the-united-states-exemplar-of-a-
regulatory-gap/. The EPA was involved in the research
studying the safety of this radiation in the 1990s;
after the research concluded that the radiation was
dangerous producing biological effects, the EPA was
defunded.
The National Call
for Safe
Technology
EPA sets protective limits on ionizing
radiation in the environment
resulting from human use of
radioactive elements such as
uranium. EPA does not regulate non-
ionizing radiation that is emitted by
electrical devices such as cell phones
and transmitters. The Federal
Communications Commission (FCC)
regulates radiofrequency (RF)
emissions from FCC-regulated
transmitters and devices, including
for the purposes of considering
significant environmental effects and
human exposure. The FCC provides
information on the potential hazards
associated with RF electromagnetic
fields through their website:
www.fcc.gov/rfsafety, which among
other things, has a FAQ that
addresses common questions. For
further information on RF safety,
Made no
changes to
NPG.
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Draft
Guidance
Commenter(s)
National Program Offices Response
Action Taken
in Final
Guidance
The research was run by a Chief Scientist under
Wireless Technology Research, LLC (WTR), an
independent, non-profit entity, with $28.5 million in
funding from the wireless industry (sent into a blind
trust) and with scientific oversight by both an
independent Peer Review Board at the Harvard
School of Public Health and a U.S. Government
Interagency Working Group, chaired by the FDA, and
including EPA, OSHA, NIOSH, CDC, FCC, and NIH. This
remains the largest and most comprehensive, multi-
disciplinary program looking into wireless technology
health effects and risk management anywhere in the
world to date. The results of this peer reviewed
research were that wireless radiation is biologically
active producing biological effects and potentially
hazardous to human health. See Wireless Phones
and Health II: State of the Science 2002 Edition,
edited by George L. Carlo; Wireless Phones and
Health: Scientific Progress, edited by George L. Carlo.
Prior to the Telecommunications Act of 1996, cabinet-
level regulatory agencies were responsible for the
safety of those exposed to radio frequency radiation:
FDA was responsible for devices including cell
phones; EPA was responsible for emissions from
wireless infrastructure including cell towers; OSHA
was responsible for workplace exposures. In the
Telecommunications Act of 1996, as a means of
simplifying deployment of new digital wireless
including site specific questions,
inquirers may reach FCC directly via
email at rfsafety@fcc.gov.
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phones and facilitating the first-ever spectrum
auctions to the private sector, the FDA, EPA and OSHA
were relegated to advisory roles and the full authority
for public safety was vested in the non- regulatory
agency, the politically structured FCC. The FCC had
neither the competency nor the resources to carry
out the regulatory responsibilities and as such,
wireless technology remains to this date in a
regulatory void where consumers, proximal residents,
and the environment are largely un-protected.
Therefore, the EPA must reclaim its jurisdiction to
continue reviewing potential health effects of
wireless radiation.
The WHO'S International Agency for Research on
Cancer (IARC) classified EMF (2G and 3G) as a possible
human carcinogen in 2011, similar to lead, diesel fuel
and gasoline engine exhaust. See
https://www.iarc.who.int/wp-
content/uploads/2018/07/pr208_E.pdf. The EPA
regulates GHG from vehicles, then why not EMFs? A
scientist in that working group, along with others, are
now calling it a human carcinogen. See Prof. Miller's
statement (former IARC Senior Epidemiologist and
Senior Scientist) at 00:15:06 at
https://www.youtube.com/watch?v=S16QI6-w9l8.
Case studies recently show consistently that exposure
to 5G is linked to injury. See
https://mdsafetech.org/2023/ll/20/5g-health-
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effects-5-case- reports-of-health-symptoms-after-5g-
cell-towers-placed-in-sweden/. There has been no
pre-market testing of 5G for public safety, confirmed
by US Sen. Blumenthal. See
https://mdsafetech.org/2019/02/13/no-research-on-
5g-safety-senator-blumenthal-question-answered/
A study in 2000 commissioned by one of the major
telecom carriers found links to cancer, leukemia,
neurological disorders and cognitive impairment. See
https://ehtrust.org/wp-
content/uploads/ecolog2000.pdf.
A telecom company in Switzerland filed for a patent
to reduce wireless radiation stating the reason being
the high risk of DNA damage and cancer from
wireless radiation, citing that injury occurs through
non-thermal pathways. See
https://www.dropbox.com/scl/fi/nwdfklq7r7j2wwsip
v7ws/SwissCom-Patent-application-2003-2004-
W02004075583A1-1-
I.pdf?rlkey=liuy6175hamj24lbuszpe7vux&st=5p2oy0ji
&dl=0.
Non-ionizing RF radiation has been shown by
scientists and doctors to affect the structure of atoms
or damage DNA, sharing similar traits to ionizing
radiation. A renowned scientist, Dr. Golomb, clarifies
that "much or most of the damage by ionizing
radiation, and radiation above the thermal limit,
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occurs by mechanisms also documented to occur
without ionization, and below the thermal limit." See
https://mdsafetech.org/wp-
content/uploads/2017/09/golomb-sb649-5g-letter-8-
22-20171.pdf.
The National Toxicology Program in 2018 concluded
clear evidence of cancer from EMFs. "Dr. John
Bucher, Senior Scientist, at the National Toxicology
Program stated, "We have concluded that there was
clear evidence that male rats developed cancerous
heart tumors called malignant schwannomas. The
occurrence of malignant schwannomas in the hearts
of male rats is the strongest cancer finding in our
study.") https://stopsmartmeters.org.uk/wp-
content/uploads/2019/03/On-the-Clear-Evidence-of-
the-Risks-to-Children-from-Smartphone-and-WiFi-
Radio-Frequency-Radiation_Final.pdf.
Dr. Golomb also states: "The best and the brightest
are among those whose lives - and ability to
contribute to society-will be destroyed. High profile
individuals with acknowledged
electrohypersensitivity include, for instance, Gro
Harlem Brundtland - the former 3-time Prime
Minister of Norway and former Director General of
the World Health Organization; [and] Matti Niemela,
former Nokia Technology chief..." Id.
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Dr. Golomb cautions: "... if you have a child, or a
grandchild, his sperm, or her eggs (all of which she
will already have by the time she is a fetus in utero),
will be affected by the oxidative stress damage
created by the electromagnetic radiation, in a fashion
that may affect your future generations irreparably."
Id.
See "Why Tech Leaders Don't Let Their Kids Use Tech,"
https://kidzu.co/health-wellbeing/why-tech-leaders-
dont-let-their-kids-use-tech/.
New Hampshire Commission that studied the health
impacts of wireless radiation found that levels below
the FCC emission limits can be harmful. See
http://www.gencourt.state.nh.us/statstudcomm/com
mittees/1474/reports/5G%20final%20report.pdf.
The Board of Health of Pittsfield, MA issued an
emergency order to turn off a 4G cell tower that
injured 17 residents many of whom who could afford
to evacuated their homes. See
https://ehtrust.org/cease-and-desist-order-against-
verizon-cell-tower-by-board-of-health-pittsfield-ma/.
Children were found vomiting in their beds, pets were
vomiting and residents were becoming ill. See
https://ehtrust.org/family-injured-by- cell-tower-
radiation-in-pittsfield-massachusetts/. Three
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residents recently died of cancer, suspected from this
EMF exposure.
Children are particularly vulnerable and are adversely
affected by EMF radiation in their environment,
homes and schools. See https://ehtrust.org/educate-
yourself/children-and-wireless-faqs/. See also, Key
Scientific Evidence and Public Health Policy
Recommendations, Supplement 2012, at 21, David 0.
Carpenter, MD, Director, Institute for Health and the
Environment University at Albany, Cindy Sage, MA,
Sage Associates, https://bioinitiative.org/wp-
content/uploads/pdfs/sec24_2012_Key_Scientific_Stu
dies.pdf.https://bioinitiative.org/.
Children absorb more EMF radiation than adults, and
fetuses are at even greater risk. Children's "brain
tissues are more absorbent, their skulls are thinner
and their relative size is smaller." EMF radiation
penetrates more deeply into the skulls of children
compared to adults, as shown below in cell phone
usage. See
https://www.sciencedirect.com/science/article/pii/S2
213879X14000583, https://ehtrust.org/research- on-
childrens-vulnerability-to-cell-phone-radio-frequency-
radiation/,
https://pubmed.ncbi.nlm.nih.gov/21999884/.
Exposure to RF radiation "can result in degeneration
of the protective myelin sheath that surrounds brain
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neurons" and "[digital dementia has been reported in
school age children." It also increases the risk of
childhood leukemia. See Why children absorb more
microwave radiation than adults: The consequences,
Morgan, Kesar and Davis, Journal of Microscopy and
Ultrastructure, Vol. 2, Issue 4, December 2014, 197-
204,
https://www.sciencedirect.com/science/article/pii/S2
213879X14000583 and Key Scientific Evidence and
Public Health Policy Recommendations, 2007, at 19,
David O. Carpenter, MD, Director, Institute for Health
and the Environment University at Albany, Cindy
Sage, MA, Sage Associates,
https://bioinitiative.org/wp-
content/uploads/pdfs/sec24_2007_Key_Scientific_Stu
dies.pdf.
Children's absorption of EMF radiation can be
demonstrated by how deeply the EMF radiation from
cell phones penetrates into their brains. See below
diagram. See Exposure limits: the underestimation of
absorbed cell phone radiation, especially in children,
Gandhi, Morgan, Augusto de Salles, Han, Heberman,
Davis, October 14, 2011,
https://pubmed.ncbi.nlm.nih.gov/21999884/.
[This image was submitted to EPA as part of a public
comment. Please contact The National Call for Safe
Technology for any questions regarding this image.]
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EMF damage to the environment: There is no federal
agency setting safety limits for trees, birds or bees,
nor is there any funded mandate to do so.
The consequences of RF emissions from wireless
infrastructure on the public health and that of those
already disabled by EMF and other vulnerable
communities, including trees and pollinators and
other flora and fauna, are not just a future concern,
they are here. There may be an assumption built into
climate change mitigation that our forests may
provide large-scale carbon sequestration
opportunities for emissions and that protecting
forests is needed to achieve some level of carbon
neutrality. See https://ehtrust.org/wp-
content/uploads/Letter-National-Park-Service-Sept-
2020-6.pdf.
Note: EMF radiation and RF radiation are used
interchangeably.
[Also restated under climate change, below]
However, any reliance on trees and forests as our
carbon sink will not be valid if trees and forests are
damaged by the increased proliferation of wireless
infrastructure. RF radiation from wireless
infrastructure is not only hazardous for the EMF
disabled, but also for the flora and fauna. See Effects
of non-ionizing electromagnetic fields on flora and
fauna, part 1. Rising ambient EMF levels in the
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environment, Levitt, Lai and Manville, March 28,
2022, https://pubmed.ncbi.nlm.nih.gov/34047144/.
It has been shown that trees are damaged by RF
radiation from mobile phone base stations, with
damage starting on one side and then "extending to
the whole tree over time." See Radiofrequency
radiation injures trees around mobile phone base
stations, Aug. 24, 2016,
https://pubmed.ncbi.nlm.nih.gov/27552133/. Tree
damage was found with chronic exposure to radio
frequency. See https://ehtrust.org/wp-
content/uploads/tree-health-radiation-Schorpp-
2011-02-18.pdf. Any hoped-for carbon sequestration
from trees is not likely to occur if trees are damaged
or die from the proliferation of wireless
infrastructure.
RF radiation also affects wildlife. Scientists have
observed at "vanishingly low intensities" toxic effects
on animals, including effects on "orientation and
migration, food finding, reproduction, mating, nest
and den building ... and longevity and survivorship" of
wildlife. See Levitt BB, Lai HC, Manville AM. Effects of
non-ionizing electromagnetic fields on flora and
fauna, Part 3. Exposure standards, public policy, laws,
and future directions. Rev Environ Health. 2021 Sep
27. Doi: 10.1515/reveh-2021-0083. Epub ahead of
print. PMID: 34563106.
https://pubmed.ncbi.nlm.nih.gov/34563106/. See
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also, Part 1 Rising ambient EMF levels in the
environment. Rev Environ Health. 2021 May
27;37(1):81-122. doi: 10.1515/reveh-2021-0026.
PMID: 34047144,
https://pubmed.ncbi.nlm.nih.gov/34047144/; and
Part 2 Impacts: how species interact with natural and
man-made EMF. Rev Environ Health. 2021 Jul 8. doi:
10.1515/reveh-2021-0050.
https://pubmed.ncbi.nlm.nih.gov/34243228/.
Electromagnetic pollution from phone masts. Effects
on wildlife, Alfonso Balmori, August 2009,
https://www.sciencedirect.eom/science/article/abs/p
ii/S0928468009000030?via%3Dihub. See also, The
incidence of electromagnetic pollution on wild
mammals: A new "poison" with a slow effect on
nature? Alfonso Balmori, November 2009.
Bees, as our primary source of pollination, are
injured from RF radiation which means a decrease in
pollination and, in turn, food production. A study
showed that"every time a bee approaches a power
line or a cell phone antenna, it becomes stressed
and, therefore, its internal temperature increases
and the pollination service decreases."
See Research confirms negative effects of power lines
on bees, May 3, 2022, https://ehtrust.org/research-
confirms-negative-effects-of-power-lines-on-bees/.
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EHT Letter to US National Park Service on 5G, Cell
Towers and Impacts to Pollinators, Trees and Wildlife,
Sep 15, 2020, https://ehtrust.org/eht-letter-to-us-national-
park-service-on-5g-cell-towers-and-impacts-to-pollinators-
trees-and-wildlife/.
Johansson 0, "The Stockholm Declaration about 'Life
EMC'", Bee Culture Magazine 2022; May issue: 56-61,
https://safetechinternational.org/johansson-o-the-
stockholm-declaration-about-life-emc-bee-culture-
magazine-2022-may-issue-56-61/
Stakeholder participation is key, particularly giving a
voice to those disabled from EMF radiation (EMF
disabled), other vulnerable communities and the
public at large who do not want or need any
unnecessary and hazardous wireless infrastructure.
The EMF disabled are disadvantaged communities. As
an environmental justice issue, the cumulative impact
of environmental pollution caused by EMF radiation
emissions has led to "negative public health effects
for the EMF disabled who are significantly suffering
from EMF radiation exposure.
Wireless infrastructure is being forced onto residents,
without notice, without their consent, without even
an opportunity to be heard most of the time, and
without any consideration to injuries to their health,
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no matter how much they are injured and despite
incontrovertible evidence of those injuries.
Public health has meant "the health of the most
sensitive members of the population/' a guiding
principle adopted by Congress in connection with
setting any ambient exposure standards under the
Clean Air Act. See
https://scholarship.law.duke.edu/cgi/viewcontent.cgi
?article=2692&context=dlj. The EMF disabled are "the
most sensitive members of the population" and their
numbers are growing.
RF radiation emissions are an environmental hazard
for the EMF disabled. RF radiation emissions are also
an environmental hazard for vulnerable populations
such as children, pregnant women and the elderly,
and for the unsuspecting public who have not been
informed of the health hazards of RF radiation
emissions. See https://ehtrust.org/research-on-
childrens-vulnerability-to-cell-phone-radio-frequency-
radiation/; see also, https://ehtrust.org/cell-towers-
and-cell-antennae/compilation-of-research-studies-on-
cell-tower-radiation- and-health/.
It has been noted in likely the most progressive state
law (NYS) on climate change in the U.S., that: "climate
change especially heightens the vulnerability of
disadvantaged communities, which bear
environmental and socioeconomic burdens as well as
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legacies of racial and ethnic discrimination." See
https://www.nysenate.gov/legislation/bills/2019/S659
9.
Those who have borne such burdens include the EMF
disabled, who have been the unrelenting subject of
discrimination, including digital discrimination and
algorithmic bias, to belittle and deny the debilitating
physical injuries of RF radiation exposure. The EMF
disabled have borne the brunt of environmental
exposure to RF radiation, and their debilitation from
such exposure have led to an inability to participate in
normal activities.
And yet, the U. S. Access Board provided a
designation of EMS disability going back to 2002. See
U.S. Access Board, Advancing Full Access & Inclusion
for All, "Indoor Environmental Quality Project,"
https://www.access-
board.gov/research/building/indoor-environmental-
quality/. In the Centers for Disease Control's (CDC)
disease classification system, the diagnosis code for
radiation sickness is T66, and the code for injury from
"Exposure to Other Nonionizing Radiation" is W90.
These codes would cover the EMF disabled. See
https://icdlOcmtool.cdc.gov/; also see, Brief of
Children's Health Defense, and Building Biology
Institute, et al as Amici Curiae in Support of
Appellees/Cross-Appellants "Customers," at 21, Sept
14, 2021, https://childrenshealthdefense.org/wp-
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content/uploads/Brief-and-Addendum-Submitted-9-
14.pdf.
HUD has in 2024 recognized those impacted by
electromagnetic sensitivities.
https://www.govinfo.gov/content/pkg/FR-2024-05-
09/pdf/2024-09237.pdf
EMS involves severe physiological injuries directly
associated with pulsed RF radiation exposure
manifested as a constellation of symptoms. See Brief
of Children's Health Defense, and Building Biology
Institute, et al as Amici Curiae in Support of
Appellees/Cross-Appellants "Customers" Sept 14,
2021, https://childrenshealthdefense.org/wp-
content/uploads/Brief-and-Addendum-Submitted-9-
14.pdf. It is a "spectrum condition" ranging from
discomfort, to neurological and immunological
disorders to debilitation and life threatening
impairments.
Common EMS symptoms directly associated with
pulsed RF radiation exposure include sleep
disturbances, chronic fatigue, chronic pain, poor
short-term memory, loss of immediate memory,
difficulty concentrating (e.g., "brain fog"), mood
disturbances (depression/ anxiety), skin problems
(including skin lesions), dizziness, balance disorder,
loss of appetite, heart palpitations, tremors, vision
problems, tinnitus, nose bleeds, asthma, nausea,
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reproductive problems and headaches, among
others. See
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC713
9347/. RF radiation exposure can also lead to blood-
brain barrier leakage, damage to the immune system,
chronic inflammation; impaired melatonin production
and impaired blood flow to the brain. "A 2017 MRI
(magnetic resonance imaging) study shows clear
evidence of impaired blood flow in 10 electro-
sensitive subjects." The symptoms are from the
physiological injuries that individuals have sustained.
See Letter by Dr. Beatrice Golomb, Professor of
Medicine, UC San Diego School of Medicine, Aug. 22,
2017, https://mdsafetech.org/wp-
content/uploads/2017/09/golomb-sb649-5g-letter-8-
22-20171.pdf. Functional brain MRI in patients
complaining of electrohypersensitivity after long term
exposure to electromagnetic fields, Heuser and
Heuser, Sept. 26, 2017,
https://pubmed.ncbi.nlm.nih.gov/28678737/.
Studies show that non-ionizing EMF radiation, i.e.,
below the level of thermal (heating) effects is also
known to increase oxidative stress and damage
mitochondria. Oxidative stress is caused by an
imbalance in cells caused by the accumulation of free
radicals which interferes with the ability of cells to
detoxify. Mitochondria are the energy producing
mechanisms of cells. It has been found that the
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increase in oxidative stress and damage to
mitochondria, along with many of the physiological
injuries, are similar whether for ionizing or non-
ionizing RF radiation. See https://mdsafetech.org/wp-
content/uploads/2017/09/golomb-sb649-5g-letter-8-22-
20171.pdf
There needs to be meaningful participation by those
who are affected or disabled by EMF radiation. See
the Pittsfield situation cited above regarding a 4G cell
tower that injured 17 residents including children
vomiting in their beds. Many who could afford to
evacuate their homes did so while others had no
choice but to stay, still unable to return home
because their homes have become toxic zones. They
are still fighting the tower today and have not been
able to return home.
Those who are EMF disabled cut across age and socio-
economic strata, ranging from professionals and
social workers to children. See
https://ehtrust.org/research-on-childrens-
vulnerability-to-cell-phone-radio- frequency-
radiation/; see also, https://ehtrust.org/cell-towers-
and-cell-antennae/compilation-of-research-studies-
on-cell-tower-radiation-and-health/. They include
formerly high-functioning engineers, doctors and
lawyers, a number of whom have became homeless
from their RF radiation injuries and disabilities. A
renowned doctor in this field, Dr. Golomb observed
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that, although prior to their exposure they had no
problem navigating in the world, after exposure their
condition cost them up to 2 million dollars, many lost
their homes and their access to basic services such as
hospital care, post offices and libraries became
restricted. She states the common refrain is that
people were either not aware of, did not hear about,
or gave no credence to any possible health hazards
connected to wireless infrastructure, until they
themselves were injured.
She states that: "The best and the brightest are
among those whose lives - and ability to contribute
to society-will be destroyed. High profile individuals
with acknowledged electrohypersensitivity include,
for instance, Gro Harlem Brundtland - the former 3-
time Prime Minister of Norway and former Director
General of the World Health Organization; [and]
Matti Niemela, former Nokia Technology chief..."
Dr. Golomb further explains the plight of those
unwittingly injured by EMF radiation, that: "their
problems arose due to actions of others, against
which they were given no control - and can be
reversed, in most cases, if the assault on them is
rolled back. See https://mdsafetech.org/wp-
content/uploads/2017/09/golomb- sb649-5g-letter-8-
22-20171.pdf.
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In the case of a 59-year-old social worker in the
United Kingdom, she was found by her medical
practitioner to be permanently disabled from
exposure to EMF radiation: "Mrs. Burns has a medical
condition that renders her permanently incapable of
undertaking any gainful work. There currently are no
treatments available for her condition; avoidance of
emissions is the only way to significantly reduce her
symptoms." See https://phiremedical.org/wp-
content/uploads/2022/06/Press-Release-EHS-Social-
Worker-granted-long-term-ill-health-pension-UK-
Named.pdf.
Unfortunately, because this condition is not
commonly understood, Mrs. Burns commented on
the unrelenting discrimination that she has been
exposed to: "1 have worked in Health and Social Care
for 35 years, supporting some of the most disabled
and vulnerable members of our society and
advocating to ensure their rights have been upheld.
To have been on the receiving end of societal
prejudice, discrimination, ignorance and
misunderstanding, has been devastating." Id.
That people are not being informed of the health
hazards of EMF radiation, having it be forced upon
them and their children without recourse, intruding
into their homes, and then be discriminated against
for the injuries they sustain as a result, should shock
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the conscience of any public official who took an oath
to protect public health and welfare.
Mrs. Burns was granted accommodation only after a
court battle. Her exposure to EMF radiation caused
her such severe injury that she had to end her career
and experiences headaches, dizziness, palpitations,
and sleep disturbances. In 2022, a child in the UK
was also recognized as having become disabled from
EMF radiation granted accommodation again only
after a court battle, which was ground-breaking as
the school was required to accommodate her. See
https://ehtrust.org/education-health-care-plan-ehcp-
awarded-aug-2022-for-uk-child-on-the-basis-of-
electromagnetic-hypersensitivity-ehs/.
However, in 2015, seven years prior to this decision, a
15-year-old girl in the U.K. who had developed
headaches and bladder problems attributed to her
exposure to Wi-Fi routers in her school did not
experience a positive outcome. The school not only
failed to acknowledge her severe condition but
punished the girl for leaving classrooms containing
routers that were causing her condition. In an
apparent cry for help, the girl then either accidentally
or intentionally, hanged herself, as her mother
describes she was driven to despair. See
https://www.pressreader.com/uk/daily-
mail/20151201/281904477099139.
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These instances of EMF radiation harm Climate
change: EMFs are air pollutants - electrosmog - even
if you can't see them, and fall directly within the
jurisdiction of the EPA. See 42 (JSC § 7602(g) "The
term 'air pollutant' means any air pollution agent or
combination of such agents, including any physical,
chemical, biological, radioactive (including source
material, special nuclear material, and byproduct
material) substance or matter which is emitted into or
otherwise enters the ambient air..." EPA needs to
investigate and monitor EMFs.
In terms of climate change, 5G is an energy hog, a
battery vampire (industry article term), expected to
increase consumption 61x between 2020 and 2030.
Ironically, it is not being considered in climate change.
See https://ehtrust.org/science/reports-on-power-
consumption-and-increasing-energy-use-of-wireless-
systems-and-digital-ecosystem/.
The installation of wireless infrastructure has been
unconstrained, without the balancing of required
local government oversight for public health and
safety. Public health and safety have been entirely
ignored. There has been no apparent benefit-cost
analysis of the consequences of GHG emissions
produced by wireless infrastructure on public health
and safety or the high cost of wireless energy
consumption. There continues to be unconstrained
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proliferation of wireless infrastructure and the
stampede of rubber-stamped permits and approvals.
EMF radiation is anthropogenic and emissions from
wireless infrastructure are expected to substantially
increase the amount of greenhouse gases. The
decarbonization of the atmosphere cannot occur
without the decarbonization of electrosmog. Any
perceived health benefits from reduction in fuel
combustion or other air pollutants will likely not be
realized with the proliferation of wireless
infrastructure because of the associated health
hazards of EMF radiation, which are likely to increase
exponentially the health impacts on the public at
large, rendering a steadily growing population of
individuals disabled by EMFs.
Any reliance on trees and forests as our carbon sink
will not be valid if trees and forests are damaged by
the increased proliferation of wireless infrastructure.
RF radiation from wireless infrastructure is hazardous
for flora and fauna. See Effects of non-ionizing
electromagnetic fields on flora and fauna, part 1.
Rising ambient EMF levels in the environment, Levitt,
Lai and Manville, March 28, 2022,
https://pubmed.ncbi.nlm.nih.gov/34047144/. It has
been shown that trees are damaged by RF radiation
from mobile phone base stations, with damage
starting on one side and then "extending to the whole
tree over time." See Radiofrequency radiation injures
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trees around mobile phone base stations, Aug. 24,
2016, https://pubmed.ncbi.nlm.nih.gov/27552133/.
Tree damage was found with chronic exposure to
radio frequency. See https://ehtrust.org/wp-
content/uploads/tree-health-radiation-Schorpp-
2011-02-18.pdf. Any hoped-for carbon sequestration
from trees is not likely to occur if trees are damaged
or die from the proliferation of wireless
infrastructure.
Radiation safety: The EPA was involved in the
research studying the safety of this radiation in the
1990s; after the research concluded that the
radiation was dangerous producing biological effects,
the EPA was defunded. The research was run by a
Chief Scientist under Wireless Technology Research,
LLC (WTR), an independent, non-profit entity, with
$28.5 million in funding from the wireless industry
(sent into a blind trust) and with scientific oversight
by both an independent Peer Review Board at the
Harvard School of Public Health and a U.S.
Government Interagency Working Group, chaired by
the FDA, and including EPA, OSHA, NIOSH, CDC, FCC,
and NIH. This remains the largest and most
comprehensive, multi-disciplinary program looking
into wireless technology health effects and risk
management anywhere in the world to date. The
results of this peer reviewed research were that
wireless radiation is biologically active producing
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biological effects and potentially hazardous to
human health.
The U. S. Access Board provided a designation of EMS
disability going back to 2002. See U.S. Access Board,
Advancing Full Access & Inclusion for All, "Indoor
Environmental Quality Project/' https://www.access-
board.gov/research/building/indoor-environmental-
quality/. In the Centers for Disease Control's (CDC)
disease classification system, the diagnosis code for
radiation sickness is T66, and the code for injury from
"Exposure to Other Nonionizing Radiation" is W90.
These codes would cover the EMF disabled. See
https://icdlOcmtool.cdc.gov/; also see, Brief of
Children's Health Defense, and Building Biology
Institute, et al as Amici Curiae in Support of
Appellees/Cross-Appellants "Customers," at 21, Sept
14, 2021, https://childrenshealthdefense.org/wp-
content/uploads/Brief-and-Addendum-Submitted-9-
14.pdf.
Human health adversely affected by EMFs / Need for
Radiation Protection: It is estimated that at least
30% of population is afflicted from this radiation
poisoning and about 1% is severely disabled that they
can no longer work or live in areas that have this
radiation. The disabled didn't see it coming. Exposure
gives rise to a constellation of symptoms, some of
which include: headaches, nausea, vomiting, tinnitus,
hearing loss, heart arrythmia, tachycardia,
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neurological disorders; oxidative stress; immune
dysfunction; ADHD, and damage to the blood-brain
barrier. See https://bioinitiative.org/conclusions/.
Based on a population of 332.4 million people in the
U.S., the numbers are shockingly high: Can't work -
0.65% - 2.16 million Severe symptoms - 1.5% - 4.99
million Moderate symptoms - 5% -16.6 million Mild
symptoms - 30% - 99.7 million. See 2019 Bevington
study,
https://mdsafetech.files.wordpress.com/2019/10/20
18-prevalence-of- electromagnetic-sensitivity.pdf.
Access to work is critical for disadvantaged
communities. The EMF disabled are most affected
when they cannot work safely in environments
containing RF radiation inside a building, such as Wi-
Fi, or RF radiation coming from outside a building
from nearby base station antennas. This is not a
disability that only affects the EMF disabled, but
given the estimated number of people with EMS
symptoms in the U.S., it has the potential of adversely
affecting America's workforce. EMS disability can be
accommodated by creating RF radiation free zones
that employ only wired facilities in the work and
home environments.
Disability from electromagnetic field (EMF) radiation
is as silent and invisible as the toxin that creates the
disability in the first place. Those suffering from EMF
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exposure, however, cannot travel to Washington DC
to potentially sit on the Capitol steps to advocate for
themselves. EMF is so pervasive that any effort
similar to the "Capitol Crawl" to raise awareness
would put them at physical risk. These people have
been silenced and rejected. They are isolated from
play with other children, from study with fellow
students, from advancement in the workforce and
the financial means to support themselves in
anything but subsidized housing. But even federally-
subsidized housing is becoming inaccessible since
those buildings appear to be a target for wireless
tower leases because it is the path of least resistance
in increasingly resistant communities.
See History Series, "When the 'Capitol Crawl'
Dramatized the Need for Americans with Disabilities
Act," https://www.history.com/news/americans-with-
disabilities-act-1990-capitol-crawl.
The following chart shows a worsening of symptoms
when closer to a cell tower but a lessening of
symptoms when farther away from a cell tower.
[This image was submitted to EPA as part of a public
comment. Please contact The National Call for Safe
Technology for any questions regarding this image.]
Symptoms experienced by people near cellular phone
base stations; RF radiation affects the blood, heart
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and autonomic nervous system (Dr. Magda Havas,
https://www.researchgate.net/figure/Symptoms-
experienced-by-people-near-cellular-phone-base-
stations-based-on-the-work- of_fig2_258313941.)
Source: Santini, et al (France): Pathol Biol.
2002;50:S369-73.
Environmental Justice and Civil Rights
Disability from EMFs is as silent and invisible as the
EMF toxin that creates the disability in the first place.
They are isolated from play with other children, from
study with fellow students, from advancement in the
workforce and the financial means to support
themselves in anything but subsidized housing. But
even federally-subsidized housing is becoming
inaccessible since those buildings appear to be a
target for wireless tower leases because it is the path
of least resistance in increasingly resistant
communities. Those suffering from EMFs, however,
cannot travel to Washington DC to potentially sit on
the Capitol steps to effectuate change. That is what it
took to get the Americans with Disabilities Act of
1990 (ADA) passed. The "Capitol Crawl" showed the
disabled leaving their wheelchairs behind as they
crawled the Capitol steps, including an 8-year-old
disabled girl. EMF is so pervasive that any effort
similar to the "Capitol Crawl" to raise awareness
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would put those disabled by EMF at physical risk.
These people have been silenced and rejected.
This is particularly compelling since the DC Circuit
Court of Appeals ruled against the FCC in 2021 and
remanded its emission limits for its failure to review
11,000 pp of scientific peer-reviewed studies showing
harm below its limits, along with accounts of
personal injury. See https://ehtrust.org/court-
judgment-on- fccs-record-review-of-1996-wireless-
radiation-standards/. See also, Wyoming Governor's
letter to the FCC, https://ehtrust.org/letter-to-the-
honorable-jessica-rosenworcel-chairwoman-federal-
communications- commission-from-wyoming-
governor-mark-gordon-children-and-fcc-wireless-
radiation-safety-limits/.
Therefore, these limits do not protect the public but
provide a safe harbor for industry that shields it from
liability for personal injury so long as the industry
operates within the FCC exposure limits (the
Telecommunications Act of 1996 provides this shield,
heavily negotiated by industry at the time). To date,
the FCC has failed to comply with the court order.
Essentially, we're flying blind on public health and
safety. See US Senator Blumenthal at
https://mdsafetech.org/2019/02/13/no-research-on-
5g-safety-senator-blumenthal-question-answered/.
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To put this in perspective, Martin L. Pall, PhD,
Professor Emeritus of Biochemistry and Basic Medical
Sciences, Washington State University, had provided
in the FCC's docket that the FCC's existing RF
exposure limits "are approximately 7.2 million times
too high." See https://ehtrust.org/appeals-court-
tells-fcc-to-address-non-thermal-health-impacts-of-
radiation-from-wireless-technology-on-children-the-
public-and-the-environment/.
The EMF disabled require equal access to web
services in a manner that does not injure them and
that does not otherwise put them in harm's way.
They cannot use a technology that is injuring them -
EMF radiation.
The digital divide is no less relevant for the EMF
disabled who may not be able to use web-based
services and who cannot use mobile devices. For the
EMF disabled, being required to use mobile services
and devices to access necessary medical programs
and services would only guarantee the digital divide
for the EMF disabled. HHS must promulgate rules to
ensure that access to such necessary services does
not require wireless connectivity on mobile devices.
Mention has been made of the pandemic and the
need for more web access. However, the best access
is through wired connections. For instance, the
National Telecommunications Information
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Administration (NTIA) has prioritized fiber to the
premises for the nation in order to bridge the digital
divide, not mobile. See NTIA Official Acknowledges
Clear Preference for Fiber in Infrastructure
Deployment Program, June 13, 2022,
https://broadbandbreakfast.com/2022/06/ntia-
official-acknowledges-clear-preference-for-fiber-in-
infrastructure-deployment-program/.
Lest the EPA believes that mobile access will bridge
the digital divide, it will not. So, to digress a moment
on the benefits of fiber to the premises ...
Underscoring the importance of fiber over wireless,
former FCC Chairman, Tom Wheeler, in his March
2021 Congressional testimony, described fiber as
"future proof," and prioritized a "fiber first" policy for
the nation. See Tom Wheeler's Testimony to
Congress,
https://energycommerce.house.gOv/sites/democrats.e
nergycommerce.house.gov/files/documents/Witness
%20Testimony_Wheeler_FC_2021.03.22.pdf.
Wheeler's statements point to the fact that wireless
and fiber are not equivalent broadband media, and
that wireless should be used only as a last resort.
"Fiber is unmatched in its speed, performance [and]
reliability..." far exceeding the promise of any
generation of wireless technology. See "Reinventing
Wires: The Future of Landlines and Networks,"
National Institute for Science, Law and Public Policy,
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authored by Timothy Schoechle, PhD;
https://electromagnetichealth.org/wp-
content/uploads/2018/02/Relnventing-Wires-l-25-
18.pdf.
Wired connections, such as fiber and cable, to the
premises provide the best capacity for remote
learning for children and students, particularly those
who are already EMF disabled, and more reliable
access to medical and other services for the elderly
and disabled during emergencies or severe weather
when wireless service is more likely to be interrupted.
Wired connections will also prevent the exclusion of
the EMF disabled who cannot be near RF radiation
emitted from mobile devices and equipment.
Grants should be provided for accommodations for
the EMF disabled. See below.
ACCESSIBILITY RECOMMENDATIONS
The importance of providing accommodation for the
EMF disabled for medical programs and services is
two- fold. First, exposure to RF / EMR / EMF / MW
radiation in medical facilities can be life-threatening.
Second, a "patient's vital signs or test results may
vary dependent on EMF/EMR exposures at a specific
location and at a specific moment (electrosmog can
affect the autonomic nervous system, the blood, the
heart and even blood sugar levels in some sensitive
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diabetics). . . this can lead to misdiagnosis, over-
treatment, under-treatment, inappropriate
medications or dosages...." Further reasons and a
detailed list of recommendations for accommodation
are provided by the ElectroSensitive Society - see
Electrosensitive Society
https://www.electrosensitivesociety.com/how-
hospitals-can-accommodate-patients-who-have-ehs/.
Here are some examples of accommodations needed
for the EMF disabled. The EMF disabled need
landline corded phones as they cannot use or be
dependent on cell phones, human agents and, where
necessary, paper rather than electronic
communications if it is hazardous for them to touch a
computer or any Wi-Fi enabled device. The Building
Biology Institute provides additional
recommendations. See
https://buildingbiologyinstitute.org/wp-
content/uploads/2022/04/EMR_Factsheet_v2.0r.pdf?_
kx=rTGycWw57cXYTKX7Sp91l6a7XwgrVJvuJ7aQ34KI
byY%3D.UN8Sad.
Accessibility
Access to medical programs and services may be
accessed wirelessly or by wired connections. The
EMF disabled require access by wired connections or
by paper; such programs and services cannot be
coupled with wireless-only access, such as by mobile
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applications and devices. To be clear, access to web
content and services is not synonymous with a
wireless connection, but would engage any
technology which would provide access to a disabled
individual so as to receive medical programs and
services on an equal basis as others. Requiring access
to wired technology, such as copper wires, cable or
fiber optics, as well as providing paper alternatives,
would help ensure that parity for the EMF Disabled.
The National Institute for Science, Law and Public
Policy published a report of hard-wiring broadband
connections which would be of tremendous benefit
for making accommodation for the EMF disabled.
Federal agencies should ensure that providing mobile
applications and promoting their use on mobile
devices does not impair the EMF Disabled from
accessing medical programs and services by more
traditional means, i.e., wired connections (copper,
cable and fiber), as well as by landline phone, human
agents and paper communications via the U.S. Postal
Service, by which many of the EMF Disabled are only
able to access essential medical programs and
services, including emergency care.
For those EMF Disabled who are so disabled that they
cannot even touch a computer to retrieve services via
the web, it is essential that there be access to a
staffed telephone information line. In effect, a
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website or check-in device or kiosk by which a person
would otherwise access medical programs and
services becomes inaccessible to the extent that the
EMF Disabled cannot even touch a computer or
electronic device to access medical programs and
services. Web-based services will never replace the
need for an EMF Disabled person to speak to a live
person. Cutting off access to a live person would cut
off the life-line of the EMF Disabled who would be in
dire need of medical services.
Correct Wiring. Correct wiring, up to code, especially
at the junction and breaker boxes in buildings, needs
to be enforced. This should be certified by accredited
entities. And for the EMF disabled, the electrical and
magnetic fields need to be at the safe levels as per
the Building Biology Institute standards. See
https://buildingbiology.com/site/downloads/richtwer
te-2015-englisch.pdf. Wiring errors are frequently
made in buildings which increases the EMF's
(electromagnetic fields) to unsafe levels. These can
be prevented and many remedied. If an outlet is
incorrectly wired, especially the grounding, the
increased electric fields will travel through the air into
the room and through the wire to any device plugged
into it. Light switches and fixtures will have unsafe
levels of electric and magnetic fields if incorrectly
wired or grounded.
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Creating Safe Zones. A zone should be designed to
provide safe web access for the EMF disabled at the
premises of public entities, so that a portion of each
such public entity would not expose the EMF disabled
to RF radiation. Wi-Fi/wireless free zones are areas in
a building that do not have Wi-Fi or other wireless
connectivity and are free of any RF radiation or
wireless frequency of any kind, including, but not
limited to, that generated by mobile devices such as
cell phones, tablets, Wi-Fi routers, or any smart
meters on the premises.
Creating a Wi-Fi/wireless free zone would include a
way to terminate all wireless transmitting signals
originating from within the zone and attenuate all
wireless receiving signals penetrating into the zone.
Transmitting signals can be terminated with a
combination of a hard wire shut-off, permanent Wi-Fi
free software deactivation that does not reset itself
or just by using fiber to the premises and cabled
modems / routers / computer / telecommunications
equipment. Received signals can be lowered with a
combination of RF attenuation building materials,
equipment and products that reduce the RFR
penetrating into the zone. The objective is to create
an "as low as reasonably achievable" level of RFR for
receiving signals.
All telecommunications access should be provided by
telecommunications equipment (e.g., modems or
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routers) connected only by copper wire, cable or fiber
optics. Any connectors for fiber optics and other
hard- wired alternatives must be secured and ensure
a leak-free connection. The zone would have a means
to terminate all wireless transmitting signals
originating from within the zone and attenuate all
wireless receiving signals penetrating into the zone.
Transmitting signals can be terminated with a
combination of a hard wire shut-off, permanent Wi-Fi
free software deactivation that does not reset itself.
Alternatively, telecommunications equipment could
simply be permanently connected to fiber optics or
cable for an even faster, more secure and healthier
experience. Received signals can be lowered with a
combination of radio frequency attenuation building
materials, equipment and products that reduce the
radio frequency penetrating into the zone. The
objective is to create an "as low as reasonably
achievable" level of radio frequency receiving signals.
The zone could also be "flexible," by equipping it with
an easily accessible and visible "off" switch and
robust software that does not permit wireless signals
and prohibits these software settings from being
automatically overridden or reset. Those needing a
connection for their cell phones would simply turn off
their Wi-Fi and cellular connections and plug into the
hardwired connections that would be made available
to them at various locations within the zone, without
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any attenuation in service and with the possible
advantage of even faster and more reliable service
without expense to their health.
In order for the EMF disabled to reach a flexible zone,
any wireless frequency within these public entities
would require some form of wireless frequency
attenuation (such as RF blocking, shielding or
reduction device) over the wireless
telecommunications equipment to significantly
reduce the amount of wireless frequency emitting
from that equipment without affecting wireless
connectivity.
The EMF disabled must have direct access through
human agents, e.g., who are able to answer and
respond to telephone calls and written
correspondence conducted through the USPS first
class mail.
In addition, the EMF disabled require emergency
services in case of any acts of God, access to which,
incidentally, may also become interrupted with
wireless infrastructure.
Accommodation for Emergencies
The EMF disabled require hardwired connections in
the event of any emergency or natural disaster, such
as heavy weather conditions or a tornado. An
example of how fiber optics made possible the
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restoration of service during an emergency is in
Chattanooga, TN. In November 2012, a tornado
ripped through Chattanooga. Because of the fiber
optics installation, the system was able to either
prevent or automatically restore service from 23,000
customer outages. "Smart Grid Helps Keep Lights
Burning," May 19, 2017 Editorial, Hamilton County
Herald,
https://www.hamiltoncountyherald.com/Story.aspxPid
=8646&date=5%2F19%2F2017.
Accommodation in Data Systems
A web and app-based, mobile-only environment,
utilized as a communications and information portal
to access services, programs, and activities offered by
public entities, is problematic. Sole reliance on
technology for access creates additional barriers to
access for the EMF disabled, whose disabilities would
worsen from such access.
The EMF disabled have severe health impairments
and multiple disabilities that are cardiac,
neurological, and sensory, including those with
cognitive and processing disabilities, many of whom
are at risk for further health impairments. It is critical
for this information to be entered into data systems.
Therefore, this information is often overlooked and
omitted from government data systems because
there is no mechanism for it to be created in the
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drop-down menus of Title II public entities. These
systems just throw these individuals into the "Other
Health Impairment" category which is akin to a waste
bucket in the IEP categorical data collection system.
Therefore, a category for the EMF disabled should be
created to properly account for their disabilities, so
that theirs will also be considered "relevant" within
the data systems.
List of Accommodations
The following is a short list of readily achievable,
affordable modifications, submitted to the National
Council on Disability in 2022 (Submitted to the Board
of the National Council on Disability, May 12, 2022,
by Susan Molloy, M.A., Snowflake, AZ.):
Daylight, skylights, or option of incandescent
lightbulbs (no fluorescents or LEDS) in
designated areas of the facility.
Remove Fragrance Emission Devices ("FEDS")
in designated restrooms, no fragrance
distribution systems in Heating, Ventilation,
Air Conditioning ("HVAC") systems, no
scented products.
Do not use Wi-Fi to monitor indoor air
pollutants.
Use no "smart" meters for electricity, gas, or
water in or around public areas of a facility
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unless they are thoroughly and effectively
shielded.
Separate the electrical wiring and fiber optics
for designated parts of the facility and install
kill switches for designated areas, so that
non-essential computers, printers,
fluorescents, equipment can be shut down
without impacting all areas of the facility.
Maintain landline telephones, re-install old-
style payphones, in and around the facility.
Use independent variable fresh air ventilation
system (fan and operable window) for
designated areas that can be operated by the
room occupant without assistance.
Use signage on and around the facility, in
pertinent formats, indicating where to find
wheelchair- and otherwise accessible
sidewalks, ramps, doors, restrooms, phones,
conference rooms, parking, along with a
posted schedule of recent maintenance
materials.
Use signage to designate areas where wi-fi,
pest control and maintenance chemicals, and
recent remodeling are present to avert
accidental exposures (to the degree possible).
Designate areas for re-charging wheelchair
batteries, cell phones, computers, vehicles,
others, using wired electrical outlets.
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Install hard-wired, wheelchair-accessible,
buzzer or intercom outside the facility to
summon building occupants such as the
receptionist, doctor, your child, police, social
service staff, grocer, shopkeeper.
We request a Memorandum of
Understanding ("MOU") available to us, on
good stationery, explaining specifically that
we are to be given safe® passage and
accommodation.
Study the California Building Standards
"Cleaner Air Room" concept and language as
per the Indoor Environmental Quality ("IEQ")
Report, pages 47-55, 2005, posted on the
U.S. Access Board's website.
Request development of shielding or redesign
of computers and other technology to block
electromagnetic fields and wifi, at the point
of manufacture.
Parking and passenger-loading zones
protected from EV battery re-chargers,
wireless or 5G equipment, cell towers.
Other guidelines include those in the Indoor
Environmental Air Quality report.
In addition, for a facility to be safer for the public, as
well as more accessible to the EMF disabled per
Coloradans for Safe Technology:
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Use correct wiring, up to code, especially at
the junctions and breaker boxes in buildings.
Wiring errors are frequently made in
buildings, which increase the MW/EMFs to
unsafe levels. If an outlet is incorrectly wired,
or especially the grounding, the increased
electric fields will travel out into the room
and to any device plugged in. Light switches
and fixtures will emit unsafe levels of electric
and magnetic fields if incorrectly wired or
incorrectly grounded (there does not appear
to be a U.S. bio-safe standards for electrical
and magnetic fields, other than those meant
to prevent acute electrocution).
Units in multifamily buildings, for EMF
disabled residents, must be in areas away
from large electrical sources like the elevator,
mechanical room, laundry room, electric
vehicle charging stations, and others. EMS
safer units must include safe path of travel.
MW/EMF shielding of premises, using triple-
pane Low-E windows, Faraday curtains and
Faraday canopies for example, plus for
outdoors: Faraday screens to protect parking,
paths of travel, and yard areas.
When a single person who is EMF disabled
needs to find a place to live, too often HUD
restrictions that limit a person to one
bedroom do not work. That individual may
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need a standalone house if there are no other
accommodation away from MW/EMFs.
Public entity facilities need wired internet,
phones, security systems in designated areas,
if not throughout. They are a must for the
EMF disabled along with non-electric
appliances (office equipment, heaters), low
EMF refrigerators or an electrical shut off for
them so they can be opened without fear of
them turning on, which would activate high
electrical and magnetic fields.
Shielding screen made of protective metals
on windows.
Safer public areas inside or adjacent to
facilities are may best be placed at the end of
the floor, with access to stairs rather than
only to the elevator. Accurate RF-EMR meters
for the facilities' managers and maintenance
officials will help maintain safe areas and to
determine if a part of a public facility might
be safer for an EMF disabled member of the
public to enter.
There should be no grants for wireless infrastructure
until the FCC has complied with the 2021 federal
court order which remanded its wireless emission
limits for its failure to review 11,000 pages of
scientific studies showing harm below those limits.
To date the FCC has failed to comply with that court
order. Therefore, those limits can no longer be
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viewed as safety limits, but a safe harbor for industry
to be shielded from liability from personal claims of
injury or death so long as industry operates within
the current limits.
Lest the EPA believes that mobile access will bridge
the digital divide, it will not. So, to digress a moment
on the benefits of fiber to the premises ...
Underscoring the importance of fiber over wireless,
former FCC Chairman, Tom Wheeler, in his March
2021 Congressional testimony, described fiber as
"future proof," and prioritized a "fiber first" policy for
the nation. See Tom Wheeler's Testimony to
Congress,
https://energycommerce.house.gOv/sites/democrats.e
nergycommerce.house.gov/files/documents/Witness
%20Testimony_Wheeler_FC_2021.03.22.pdf.
Wheeler's statements point to the fact that wireless
and fiber are not equivalent broadband media, and
that wireless should be used only as a last resort.
"Fiber is unmatched in its speed, performance [and]
reliability ..." far exceeding the promise of any
generation of wireless technology. See "Reinventing
Wires: The Future of Landlines and Networks,"
National Institute for Science, Law and Public Policy,
authored by Timothy Schoechle, PhD;
https://electromagnetichealth.org/wp-
content/uploads/2018/02/Relnventing-Wires-l-25-
18.pdf.
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Comment
Location in
Draft
Guidance
Commenter(s)
National Program Offices Response
Action Taken
in Final
Guidance
Wired connections, such as fiber and cable, to the
premises provide the best capacity for remote
learning for children and students, particularly those
who are already EMF disabled, and more reliable
access to medical and other services for the elderly
and disabled during emergencies or severe weather
when wireless service is more likely to be interrupted.
Wired connections will also prevent the exclusion of
the EMF disabled who cannot be near RF radiation
emitted from mobile devices and equipment.
Water Infrastructure - no EMF-emitting, fee-
collecting devices (e.g., "smart" water meters)
There is the case of a resident of North Carolina who
had to evacuate her house because an EMF emitting,
fee-collecting device was installed in her neighbor's
house and was exposing her to such radiation that her
skin was burning and she was about to feint. She now
has no access to her water because she cannot enter
her house with further injury.
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